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10-02-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 2, 2006 Members Present Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present City Administrator Lori Johnson, Fire Chief Bruce West, Environmental Administrator Rebecca Haug, City Engineer Terry Maurer, Police Chief Jeff Beahen, Street Superintendent Phil Hals, Prosecuting Attorney Chris Johnson, and Recording Secretary Tina Allard Also Present Utilities Superintendent Bryan Adams 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. 2. Consider 10/02/2006 Agenda Mayor Klinzing added a certificate to Other Business. Councilmember Motin added an offer from Econar to Other Business. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES · SEPTEMBER 5, 2006 · SEPTEMBER 11, 2006 · SEPTEMBER 14, 2006 · SEPTEMBER 18, 2006 CHECK REGISTER TRANSIENT MERCHANT LICENSE TO JANET MCCARTY DUMP BOX AND SNOWPLOW PURCHASE FOR THE SUM OF $16,797.83 RESOLUTION 06-111 DENYING GENERAL PLANNING PERMIT REQUEST GP 06-11 AND ESTABLISHING FINDINGS OF FACT THEREFORE SPECIAL MEETING ON MONDAY, NOVEMBER 13,2006 AT 6:30 P.M. TO CANVAS THE RESULTS OF THE GENERAL ELECTION 3.2. 3.3. 3.4. 3.5. 3.6. City Council Minutes October 2, 2006 Page 2 3.7. ACCEPT RESIGNATION OF BUILDING MAINTENANCE CUSTODIAN MIKE LYNCH AND AUTHORIZATION TO ADVERTISE FOR THE POSITION RESOLUTION 06-112 AMENDING RESOLUTION 05-85 ESTABLISHING THE ICE ARENA COMMISSION MEETING DATES . 3.8. MOTION CARRIED 5-0. 4. Open Mike Chris Leeseberg, 20125 170th Avenue, Big Lake-Presented a plaque to the Public Safety Department (police and fire) to mark the five year anniversary of the September 11,2001 tragedy. Mr. Leeseberg stated the plaque is a thank you to all public safety personnel from the Leeseberg family. He explained the significance and symbolism of the design of the plaque. Chief Beahen stated the plaque would be displayed in the main entry of the public safety building. He read a thank you card stating the public safety personnel's deep appreciation for receiving the plaque. Jolene Jorgenson, 7814 Parrish Avenue, Otsego-Introduced herself as a candidate in the School Board race for the November 7 Election. 5.1. Plaque Presentation for 30 Years of Service-Firefi,ghter Rob Dreissig . Fire Chief Bruce West stated firefighter Rob Dreissig has been with the Fire Department for 30 years. He stated it is rare today for a firefighter to dedicate so many years of service. Chief West stated Mr. Dreissig is invaluable to the Fire Department and leads the department in attendance. Fire and Ambulance Coordinator Steve Dittbenner commended Mr. Dreissig for his service to the Fire Department He stated Mr. Dreissig rarely takes a day off from service as a firefighter. Chief West introduced Shirley Dreissig. Mayor Klinzing presented a plaque to Mr. Dreissig for his 30 years of service to the Fire Departmen t and thanked him for doing a great job for the City of Elk River. 5.2. Archaeological Dig Presentation Resolution Acknowledging Alan Hoebelheinrich for his Outstanding Citizenship in the City of Elk River Dr. Richard Rothaus, Professor from St. Cloud State University gave a presentation of the findings for an archaeological site near West Twin Lake. He stated in the summer of 2007 he hopes to have a ground penetrating radar detector donated for use in examining the site. Ms. Haug introduced resident Alan Hoebelheinrich who has been allowing the city the opportunity to perform the digs on his property. . . . . City Council Minutes October 2, 2006 Page 3 Mayor Klinzing presented Alan and Shirley Hoebelheinrich with a plaque for outstanding citizenship in the City of Elk River. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-113 ACKNOWLEDGING ALAN AND SHIRLEY HOEBELHEINRICH FOR THEIR OUTSTANDING CITZENSHIP IN THE CITY OF ELK RIVER. MOTION CARRIED 5-0. 5.3. Request for Funds by Elk River Area Arts Alliance (ERAAA) Laurie Beil, Executive Director of the Elk River Area Arts Alliance-Stated the Alliance is requesting a contribution of $20,000 from the city for arts programming. She stated ERAAA provides the following services: . Arts Programming Educational Programming Support to other Arts Organizations Support to Artists Collaboration with Business and Governments . . . . Councilmember Dietz questioned the total budget and funding sources for ERAAA. Ms. Beil stated ERAAA received $175,000 last year from many sources, such as ticket sales, memberships, donations, and corporate support. She stated they ended up with a net profit of $1,000. She stated ERAAA needs the funds in order to strengthen programs and to keep up with growth. She stated Zimmerman has contributed to ERAAA and she will be asking for funds from many of the surrounding communities. Councilmember Dietz requested staff to prepare a history of what the city has contributed to ERAAA. Mayor Klinzing thanked Ms. Beil for her presentation and stated the Council would take it under advisement and consider the request when considering the 2007 budget. She further stated the city needs to be careful on how they give funds to orgaillzations. She noted that state law doesn't allow a city to donate funds to organizations but the city can buy services. 5.4. Consider RFP for Legal Services Ms. Johnson stated staff along with Councilmembers Motin and Farber have drafted and reviewed a RFP for civil and prosecuting legal services. She requested feedback on what the term of the initial contract should be and the timeline. Councilmember Motin stated the reason the city is considering outside services is due to the staffing capacity and backup coverage issues for the current prosecuting attorney's office. He stated Sherburne County provides backup service to Elk River but not to the extent that Elk River needs it. He stated one reason revenue projections have been down with the prosecuting attorney office is due to a reduction in fees because of state rulings; not because of the performance of the prosecuting attorney's office. Councilmember Farber concurred. City Council Minutes October 2, 2006 Page 4 Councilmember Dietz questioned if City Attorney Peter Beck's firm would be required to bid for services. . It was the consensus of the Council that he wouldn't. Ms. Johnson stated the reason the city is considering this RFP is not due to the quality of service but due to staffing and funding issues of the department. Mayor Klinzing stated the timeline lists a date for selection of a firm and the Council is not sure if it is going to select a firm because it will depend on the proposals received. She stated the timeline does not allow for City Council review of the proposals. Councilmember Dietz suggested the timeline be flexible. He questioned if the contract term could be left up to the legal firms that would be completing the RFP's. He further questioned if it is advantageous for the city to handle its own fine revenue. Mr. Chris Johnson stated the city has not had any case backlog since the department was established. He stated the collection rate has increased and officer time in court has been reduced. Mayor Klinzing stated the prosecuting attorney's office may have to be subsidized by the city similar to other departments in the city. Councilmember Dietz concurred. Councilmember Farber stated that very few cities have their own prosecutors. He stated it doesn't make financial sense for Elk River to have its own prosecuting attorney. . Mr. Chris Johnson stated communities such as Anoka County have their own prosecuting attorneys and have been able to work out coverage issues and court calendaring but that all the cities in Sherburne County are handled by the county. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE THE ADVERTISEMENT OF THE REQUEST FOR QUALIFICATIONS AND PROPOSALS FOR LEGAL SERVICES WITH THE FOLLOWING CHANGES: 1. THE ANTICIPATED TIMELINE REMAIN FLEXIBLE. 2. THE FIRM COMPLETING THE RFP CAN PROPOSE THE MINIMUM TERM OF THE INITIAL CONTRACT. MOTION CARRIED 5-0. Councilmember Motin questioned where the RFP would be distributed. He stated he would like it distributed to the Bar Association. Ms. Johnson stated it would be on the LMC web site and in the Star News. Ms. Johnson stated it would be distributed to the Bar Association but depending on when the Bar Association publishes such ads, the schedule may need to change. . . . . 5.7. 5.8. City Council Minutes October 2, 2006 Page 5 5.5. i8istAvenue Watennain Extension Improvement Mr. Maurer reviewed the i8ist Avenue watennain improvement. He stated this project is being coordinated by the city for Elk River Municipal Utilities and the city will recover funding through future trunk assessments. Mr. Maurer reviewed the bids received for the project. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-114 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE 181ST AVENUE WATERMAIN EXTENSION IMROVEMENT OF 2006. MOTION CARRIED 5-0. 5.6. 2007 Street Reconstruction Mr. Maurer discussed the street reconstruction improvement proposed for 2007. He stated the city should consider the Deerfield 3rd Addition and the Pavement Management projects for 2007 but keep the projects separate. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-115 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE DEERFIELD 3RD ADDITION STREET/STORM DRAINAGE RECONSTRUCTION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-116 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE PAVEMENT MANAGEMENT STREET IMPROVEMENT OF 2007. MOTION CARRIED 5-0. Ordinance Amending- Chapter 30 and Summary Resolution for Publication Ms. Johnson stated the city is requesting minor modifications to Chapter 30 of the city code in order to bring definitions and titles up-to-date. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 06-10 AMENDING CHAPTER 30 OF THE CITY CODE. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-117 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 06-10 AN ORDINANCE AMENDING CHAPTER 30. MOTION CARRIED 5-0. Ordinance Amending- Article II-Water System Mr. Adams stated when the city code was recodified the section regarding water restrictions was left out. He stated Elk River Municipal Utilities (ERMU) can't impose a water restriction or any penalties unless the Council adopts the policy. Mr. Adams stated that ERMU must also meet certain DNR requirements. City Council :Minutes October 2, 2006 Page 6 MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOT IN TO ADOPT ORDINANCE 06-11 AMENDING ARTICLE II-WATER SYSTEM ADDING SECTIONS 78-35, 78-36, AND 78-37. MOTION CARRIED 5-0. . 5.9. Discuss Council Worksession Agendas Mayor Klinzing suggested discussing the Request for Proposals for Legal Services at the November 13 meeting. Councilmember Dietz stated he would like to have a performance review for the city administrator prior to his leaving the Council in December. Ms. Johnson suggested leaving the date for the performance review open in order to see if there will be any light agenda. She stated if there is not a lot on the agenda for November 6; Council could do the review in a closed session. 6. Other Business Mayor Klinzing stated the city received a Certificate of Appreciation from the MN Department of Health for providing fluoridated municipal water to residents for over 50 years, longer than state law has required it. Councilmember Motin stated he met with Del Overholser, President of Econar. :Mr. Overholser told him he was frustrated at not being able to bid on city projects. Councilmember Motin stated :Mr. Overholser has offered to donate the pump needed for a geothermal heating system for the Elk River Public Library construction project. He stated he wants the city to seriously consider the offer because it is worth $40-50,000 and he would like the project to stay local. He would like staff to get Econar together with KKE Architects. . Mayor Klinzing concurred. She stated it would be a nice savings to the city even if some redesign of the project is necessary. She stated she would like KKE Architects to meet with Council. She would like the architects to explain their letter that states Econar didn't follow standard protocol for acceptance in the instructions to bidders. Ms. Johnson stated that because Econar's equipment is not on an approved list and Econar needed to follow a process in order to be considered for approval. She stated this is a typical process and .K.KE has approved 20 other similar requests on this project. She stated the city is in the middle of the bidding process and doesn't want to jeopardize it for legal reasons. She stated if the city needs to reject the bids and go through a redesign, the project will fall behind about one and one-half months. She stated the city needs time to determine the correct process for possibly accepting the donation. She further stated any additional costs for redesign would be at the city's expense. Councilmember Motin was concerned about the mechanical specifications being incorrect and that the information given to Econar was deficient. . Councilmember Farber would like to see Econar have a chance at this project. . . . City Council :Minutes October 2, 2006 Page 7 Councilmember Gumphrey suggested having KKE come to the next Council meeting to discuss this matter further. 7. Council Updates There were no Council updates. 8. Staff Updates 8.1. YMCA Update Ms Johnson provided an update of the YMCA schedule. She introduced Facilities and Project Coordinator Phil Nyvall who will work with city staff on the construction of the YMCA. Ms. Johnson stated the YMCA revised its target opening date back to September 2008. She stated the first step in the process is to select an architect and the YMCA offered to do the preliminary review for producing a short list of architects. She questioned how the Council would like to proceed with selecting an architect. Councilmember Farber suggested KKE Architects because they would keep with the same theme of the current civil campus and they are working on the Library project. He stated it would shorten the work they need to do because they are familiar with the city campus. Mr. Nyvall stated it is a good idea to send out Request for Proposals to a list of 6-8 architects. Councilmember Gumphrey stated he would like to see a short list of 5-6 architects considered. He stated K.KE could be included in the list. Councilmember Dietz suggested the committee narrow the list of architects down to a few and then have the Council choose from that list. The Council concurred. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:30 p.m. Minutes prepared by Tina Allard. / d ./: ?J /~~[;